Workplace bullying and harassment in New Zealand, what you can do

Last updated 20 June 2026. This is general information, not legal advice.

Being bullied or harassed at work grinds people down, and one of the hardest parts is the doubt. Is this actually bullying, or am I being too sensitive? Will anything be done if I raise it? New Zealand law is clearer than that doubt suggests. There is a recognised definition of bullying, a firm line between it and ordinary management, and a set of real options that put the responsibility on your employer to deal with it.

This guide explains what counts as bullying and harassment, the duty your employer is under, and the practical steps and formal routes available to you. It is general information, not legal advice, and if you are struggling, support is available through your employer’s assistance programme if it has one, and free services such as 1737, where you can call or text any time.

What counts as bullying, and what does not

WorkSafe, the health and safety regulator, defines workplace bullying as repeated and unreasonable behaviour directed at a worker or group of workers that can lead to physical or psychological harm. Three words in that definition do the work.

• Repeated. It is a pattern of behaviour over time, not a single incident. A one-off bit of rudeness or a single sharp exchange, while not pleasant, is not bullying on its own.
• Unreasonable. It is behaviour a reasonable person would see as unreasonable in the circumstances, such as belittling, humiliating, intimidating, isolating someone, or constant unjustified criticism.
• Directed. It is aimed at a person or group, whether openly or through things like exclusion, undermining or spreading rumours.

Just as important is what is not bullying. Reasonable management action, carried out in a reasonable way, is not bullying even if you find it stressful or unwelcome. Setting high standards, giving honest constructive feedback, managing your performance, raising genuine concerns, or disciplining in line with a fair process are all legitimate, provided they are done reasonably. The line is crossed when the conduct becomes a pattern of unreasonable, harmful behaviour rather than the ordinary, if uncomfortable, business of running a workplace. Drawing that line is exactly what the Employment Relations Authority does when these cases reach it.

Sexual and racial harassment

Harassment on certain grounds is treated more seriously than general bullying, because it is unlawful in its own right, and a single serious incident can be enough.

Sexual harassment, under section 108 of the Employment Relations Act 2000, is unwelcome or offensive behaviour of a sexual nature that, whether by its nature or through repetition, has a detrimental effect on you, including a request for sex linked to your job. Racial harassment, under section 109, is behaviour that expresses hostility, contempt or ridicule towards you on the grounds of your race, colour or ethnic or national origins. Both are unlawful, and both can also amount to discrimination under the Human Rights Act 1993.

One important deadline difference. While most personal grievances must be raised within 90 days, a grievance for sexual harassment can be raised within 12 months, for incidents on or after 13 June 2023. That recognises how long these situations often take to come forward.

Your employer’s duty to keep you safe

The responsibility for dealing with bullying and harassment sits with your employer, and it comes from two directions at once.

Under the Health and Safety at Work Act 2015, an employer must protect the health of its workers so far as is reasonably practicable, and that includes mental and psychological health. Bullying is treated as a workplace hazard, the same as any physical risk, and an employer is expected to have means to prevent it, to take reports seriously, and to act on them. Separately, every employment agreement carries an implied obligation to provide a safe workplace and to treat employees in good faith.

The practical effect is that once you have raised bullying or harassment, the failure to deal with it becomes the employer’s problem, not just yours. An employer who knew, or should have known, and did nothing has breached these duties, and that breach is what turns being bullied into something you can take action over.

What to do, step by step

1. Write it down as it happens. Keep a dated diary of each incident, what was said or done, who was there, and how it affected you. Save any messages, emails or screenshots. This contemporaneous record is the most powerful evidence there is, far stronger than trying to reconstruct it later.
2. Check the policy and consider a direct approach. Many workplaces have a bullying and harassment policy setting out how to complain. If you feel safe to, sometimes telling the person their behaviour is not okay, or having a manager facilitate that, resolves it. With harassment, you are under no obligation to confront the person, and you may not feel safe to.
3. Raise it formally with your employer. Put a complaint in writing to your manager, HR, or a more senior person if the problem is your manager. Describe the behaviour, attach your record, and ask the employer to act. This puts them on notice and starts their obligation to respond.
4. Get support and advice. Talk to your union if you have one, or a free service such as a Community Law Centre or Citizens Advice Bureau. Use your employer’s assistance programme for counselling if it has one.
5. Escalate if it is not dealt with. If the employer does not take reasonable steps, the formal routes below are open to you.

The formal routes

If raising it internally does not fix things, there are several avenues, and which fits depends on what happened.

A personal grievance. Where the bullying or harassment has disadvantaged you and the employer failed to provide a safe workplace, you can raise a personal grievance for unjustified disadvantage, or for harassment directly. This goes through free mediation at the Ministry of Business, Innovation and Employment and, if not resolved, the Employment Relations Authority. The deadline is 90 days from the action, or 12 months for sexual harassment.

The Human Rights Commission. Sexual and racial harassment, and harassment tied to other prohibited grounds such as disability, age, religion or sexual orientation, can instead be taken to the Human Rights Commission under the Human Rights Act. For harassment you generally have to choose one route or the other, the employment grievance or the Human Rights complaint, not both for the same matter. The Human Rights path covers a wider group, including volunteers, contractors and job applicants, and usually allows more time, while the employment path sits within the system that also deals with your job. It is worth getting advice on which suits your situation before you commit.

WorkSafe. As the health and safety regulator, WorkSafe focuses on whether an employer has systems to manage bullying as a workplace risk, rather than resolving individual disputes. It is most relevant where bullying is serious or widespread and the employer’s whole approach is failing, and it provides guidance and tools rather than acting as a personal complaints body for every case.

If it forces you out

Sometimes bullying becomes so bad, and so ignored, that a person feels they have no option but to resign. If you are pushed to that point by your employer’s conduct or its failure to deal with bullying, you may have been constructively dismissed, which is treated as a dismissal you can raise a personal grievance over.

Because the bar for constructive dismissal is high, and because resigning is hard to undo, it is worth getting advice before you quit rather than after. Raising the problem formally and giving the employer a real chance to fix it first also strengthens any later claim that resigning was effectively forced. Our guide on unfair dismissal and personal grievances covers constructive dismissal and the grievance process in detail.

The takeaway

If work has become a place you dread because of how someone treats you, the law does not expect you to simply absorb it. Bullying is repeated, unreasonable, harmful behaviour, harassment on grounds like sex and race is unlawful outright, and your employer carries a real duty to keep you safe from both. Start by writing down what is happening, raise it formally so the responsibility shifts to your employer, get free advice early, and use the personal grievance or Human Rights routes if it is not dealt with. The record you keep from day one is what makes all of it work.

Related guides

• Unfair dismissal in New Zealand, the personal grievance process
• Can my employer make me redundant in New Zealand

Frequently asked questions

What counts as workplace bullying in New Zealand

WorkSafe defines it as repeated and unreasonable behaviour directed at a worker that can cause physical or psychological harm. It has to be a pattern, not a single incident, and it has to be genuinely unreasonable, such as belittling, humiliating, intimidating or isolating someone. Reasonable management action done reasonably, such as feedback or performance management, is not bullying.

Is performance management bullying

Not in itself. Setting standards, giving honest feedback, raising genuine concerns and following a fair disciplinary process are reasonable management actions, even if they feel stressful. It can tip into bullying if it becomes a pattern of unreasonable, harmful conduct, or is carried out in an abusive or humiliating way, rather than a fair process done reasonably.

Can I raise a personal grievance for bullying

Yes, where you have been disadvantaged and your employer failed to provide a safe workplace or did not act on your complaint, you can raise a personal grievance for unjustified disadvantage. The usual deadline is 90 days from the action. The grievance is essentially about the employer’s failure to keep you safe, so raising the problem with them formally first is an important step.

How long do I have to raise a sexual harassment grievance

12 months from when it happened or when you became aware of it, for incidents on or after 13 June 2023, which is longer than the 90 days that applies to most personal grievances. The longer period applies even if you have since left the job.

Should I go to the Authority or the Human Rights Commission

For sexual or racial harassment you generally choose one, a personal grievance through the employment system or a complaint to the Human Rights Commission, not both for the same matter. The Human Rights route covers more people, including volunteers and contractors, and usually gives more time. The employment route sits within the system that also deals with your job. Get advice on which fits before deciding.

What should I keep a record of

Keep a dated diary of each incident, with what happened, who was present, and the effect on you, and save any messages, emails or screenshots. Note when and how you raised it and what the response was. A contemporaneous record made at the time is far more persuasive than memory, and it is the foundation of any complaint or grievance.

Can I be punished for complaining about bullying

No. Treating you badly or dismissing you because you raised a bullying or harassment complaint is itself unlawful, and can be a further personal grievance for retaliation or unjustified disadvantage. Raising a genuine concern in good faith is a protected thing to do, and an employer who punishes you for it has made their position worse, not yours.

Have you dealt with bullying or harassment at work in New Zealand, or had an employer put it right? Tell us how it went in the comments below.